Chip 1998 July/Chip_1998-07_cd.bin/zkuste/JBuilder/JBuild/libs/disk1/_SETUP.LIB/license.txt

Text File | 1996-10-16 | 11KB | 184 lines

                      INTERBASE 4.2.x LICENSE AGREEMENT

BORLAND NO-NONSENSE LICENSE STATEMENT AND LIMITED WARRANTY
Borland grants you the right to use this Borland software product ("Software"),
including any accompanying documentation, in the manner provided below.  This
Software is owned by Borland or its suppliers and is protected by copyright law
and international copyright treaty.  Therefore, you must treat this Software
like any other copyrighted material (e.g., a book), except that you may either
make one copy of the Software solely for backup or archival purposes or transfer
the Software to a single hard disk provided you keep the original solely for
backup or archival purposes.

You may transfer the Software and documentation on a permanent basis provided
you retain no copies and the recipient agrees to the terms of this license
statement.  Except as provided in this statement, you may not transfer, rent,
lease, lend, copy, modify, translate, sublicense, time-share or electronically
transmit or receive the Software, media or documentation.  You acknowledge
that the Software in source code form remains a confidential trade secret of
Borland and/or its suppliers and therefore you agree not to modify the
Software or attempt to decipher, decompile, disassemble or reverse engineer
the Software, except to the extent applicable laws specifically prohibit such
restriction.

If you have purchased an upgrade version of the Software, it constitutes a
single product with the Borland software that you upgraded.  You may use or
transfer the upgrade version of the Software only in accordance with this
license statement.

This Software is subject to U.S. Commerce Department export restrictions,
and is intended for use in the country into which Borland sold it (or in
the EEC, if sold into the EEC).

GENERAL TERMS THAT APPLY TO INTERBASE SERVER
Borland grants to you the right to use this Borland software ("Software")
in the following manner.  You may install that portion of the Software
designated as INTERBASE SERVER SOFTWARE ("Server Software") on a single
computer system operating on a single computer network, for supporting
internal data processing needs of your organization.  As specified
below, use of the Server Software requires individual client access
licenses, either included with the Software (if any) or purchased
separately.

Upon installation, the Server Software must be designated as either one
(but not both) of the following:  (1) a "Named User Server" with all
client access licenses employed for the Server Software designated as
"Named User Client Access Licenses" or (2) a "Concurrent User Server"
with all client access licenses employed for the Server Software
designated as "Concurrent User Client Access Licenses".  This
designation must be performed by you or, in the case of versions of the
Server Software for certain platforms, will be automatically performed
by the installation program of the Server Software.  A Named User
Server allows client access by specific individuals ("Named Users")
authorized by your organization to use the Server Software and who
each possess a Named User Client Access License for the version
indicated above, regardless of the number of individuals actively
using the Server Software at any given time.  A Concurrent User Server
allows client access by individuals ("Concurrent Users") of your
organization up to a maximum number of users that may be connected to
the Server Software at a given point in time, the maximum number of
users being determined by the number of Concurrent User Client Access
Licenses possessed by your organization for the version indicated
above.  If multiplexing software or hardware is used to reduce the
number of sessions directly connected to the Server Software, the
number of Concurrent Users must be measured as the number of distinct
inputs to the multiplexing front-end.  Regardless of system
configuration, the number of simultaneous connections to the Server
Software by any one user, whether the Server Software is operating as
a Named User Server or as a Concurrent User Server, may not exceed
three (3) connections (unless individual client access licenses have
been purchased for each set of three (3) connections required during
a session by such a user).

The Server Software contains a certain version number, such as 4.2.x.
Each client access license also contains a certain version number.
Each client access license permits you to access and utilized the
services of any Server Software with the same (or a lower) version
number to the left of the rightmost corresponding decimal point as the
version number listed on the client access license; for example, if
the version number listed on a particular client access license is
4.2.x, you may acess and utilize Server Software that contains a
"4.2.1" or "3.3" version number, but not a "4.3.0" version number.

GENERAL TERMS THAT APPLY TO INTERBASE DEVELOPER CLIENT SOFTWARE
Borland grants to you a limited non-exclusive, royalty-free right to
reproduce and distribute that portion of the Software designated as
INTERBASE DEVELOPER CLIENT SOFTWARE ("Developer Client Software")
in executable form only, for use by and as part of your application
software product which operates in conjunction with Interbase for
the specific platform indicated above and which is created using the
Developer Client Software, provided that you:
(a) do not use Borland's name, logo, or trademarks to market your
software product;
(b) include the copyright notice for the Developer Client Software
on your product label and as part of the sign-on message for your
software product;
(c) do not charge separately for the Developer Client Software;
(d) your programs may not be merely a set or subset of any of the
libraries, code, Redistributables or other files of the Developer
Client Software; and
(e) agree to indemnify, hold harmless, and defend Borland and its
suppliers from and against any claims or lawsuits, including
attorney's fees, that arise or result from the use or distribution
of your application software product.

LIMITED WARRANTY
Borland warrants that the Software, as updated and when properly
used, will perform substantially in accordance with the accompanying
documentation, and the Software media will be free from defects in
materials and workmanship, for a period of ninety (90) days from the
date of receipt.  Any implied warranties on the Software are limited
to ninety (90) days.  Some states/jurisdictions do not allow
limitations on duration of an implied warranty, so the above
limitation may not apply to you.

BorlandÆs and its suppliersÆ entire liability and your exclusive
remedy shall be, at BorlandÆs option, either (a) return of the price
paid, or (b) repair or replacement of the Software that does not meet
BorlandÆs Limited Warranty and which is returned to Borland with a
copy of your receipt.  DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE
CALLED THE BORLAND CUSTOMER SERVICE DEPARTMENT AND OBTAINED A RETURN
AUTHORIZATION NUMBER.  This Limited Warranty is void if failure of
the Software has resulted from accident, abuse, or misapplication.
Any replacement Software will be warranted for the remainder of the
original warranty period or thirty (30) days, whichever is longer.
Outside the United States, neither these remedies nor any product
support services offered by Borland are available without proof of
purchase from an authorized non-U.S. source.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BORLAND AND ITS
SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO,  IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE AND
THE ACCOMPANYING DOCUMENTATION.  THIS LIMITED WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS.  YOU MAY HAVE OTHERS, WHICH VARY FROM
STATE/JURISDICTION TO STATE/JURISDICTION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
BORLAND OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER
PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS
BORLAND PRODUCT, EVEN IF BORLAND HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed, manufactured
or intended for use or resale as on-line control equipment in
hazardous environments requiring fail-safe performance, such as in
the operation of nuclear facilities, aircraft navigation or
communication systems, air traffic control, direct life support
machines, or weapons systems, in which the failure of the Software
could lead directly to death, personal injury, or severe physical
or environmental damage ("High Risk Activities"). Borland and its
suppliers specifically disclaim any express or implied warranty of
fitness for High Risk Activities.

U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and documentation are provided with RESTRICTED RIGHTS.
Use, duplication, or disclosure by the Government is subject to
restrictions as set forth in subparagraphs (c)(1)(ii) of the Rights
in Technical Data and Computer Software clause at DFARS 252.227-7013
or subparagraphs (c)(1) and (2) of the Commercial Computer
Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Manufacturer is Borland International, Inc., 100 Borland Way,
Scotts Valley, CA 95066.

GENERAL PROVISIONS
This statement may only be modified in writing signed by you and an
authorized officer of Borland.  If any provision of this statement
is found void or unenforceable, the remainder will remain valid and
enforceable according to its terms.  If any remedy provided is
determined to have failed for its essential purpose, all limitations
of liability and exclusions of damages set forth in the Limited
Warranty shall remain in effect.

This statement shall be construed, interpreted and governed by the
laws of the State of California, U.S.A.  This statement gives you
specific legal rights; you may have others which vary from state
to state and from country to country.  Borland reserves all rights
not specifically granted in this statement.